Supreme Court orders Centre to consider appointment of visually impaired candidates in IRS-Income Tax

New Delhi: The Supreme Court on July 8, 2024 directed the Union government to appoint one 100 per cent visually impaired candidate and 10 other such persons either in the IRS (IT) or in any other service or branch against the pending vacancies within three months.

A bench of Justices Abhay S Oka and Pankaj Mithal criticised the Union government for not implementing the law and forcing candidates to run from one post to another despite having cleared the 2008 civil services examination.

The Court invoked its power under Article 142 of the Constitution to do complete justice and issue these directions as an ad hoc measure only.

The court found “serious lapse” on the part of the Union government in implementing the provisions of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, while considering the case of respondent Pankaj Kumar Srivastava and 10 others who were above him in the merit list.

“Unfortunately, in this case, at all stages, the appellant (Union government) has adopted a stand which defeats the very purpose of enacting laws for the benefit of persons with disabilities. Had the appellant implemented the PWD Act, 1995, in letter and spirit, respondent no. 1 (Srivastava) would not have been forced to run from pillar to post for justice,” the court said.

The court noted that there were several pending vacancies for Category VI (Visually Impaired) in the IRS (IT).

“The total number of vacancies of PWD in IRS (IT) is 75. Applying the principles governing Section 36 of the PWD Act, 1995, the cases of respondent no. 1 and 10 other candidates who are above him in terms of merit could have been considered,” the court said.

Srivastava qualified the civil services examination in 2008.

He had given four preferences for the services: Indian Administrative Services (IAS), Indian Revenue Services-Income Tax (IRS (IT)), Indian Railway Personnel Service (IRPS) and Indian Revenue Service (Customs and Excise) (IRS (C&E)).

The matter was taken up before the Central Administrative Tribunal, the Delhi High Court and the Supreme Court, which directed the Union government to examine the case of Srivastava and 10 other category VI candidates, who were above him in the CSE-2008 merit list.